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Eighth Circuit Decisions Reminds Employers Of Importance Of Granting ERISA Plan Administrators Discretion To Interpret Plan Terms

Recently, the United States Court of Appeals for the Eighth Circuit released an opinion which highlights the importance of ensuring ERISA plan documents grant plan administrators the discretion to construe and interpret the...more

ERISA 8th Circuit: Deciding Who Is The Beneficiary — The Abuse Of Discretion Standard Trumps The Substantial Compliance Doctrine

Sometimes determining the correct beneficiary for ERISA-governed life insurance benefits can present real challenges. Can the deceased’s will prove the deceased’s intent designating the correct beneficiary? It...more

Ohio Court of Appeals Upholds Constructive Trust in Favor of Unnamed Beneficiaries

The Ohio Court of Appeals imposed a constructive trust over the proceeds of an ERISA governed life insurance policy for the benefit of the decedent’s children even though the children were not named beneficiaries of the...more

Quebec Releases Draft Voluntary Retirement Savings Plan Regulations

On March 12, 2014, the Quebec government released draft regulations (pdf) that are required to complete the new legal framework for the establishment of voluntary retirement savings plans (VRSPs) in Quebec effective July 1,...more

Tax-Qualified Retirement Plans: Amendments and Other Year-End Action Items - 11/21/2013

Plan sponsors should consider whether they need to make certain plan amendments or provide certain plan notices prior to the end of the year. The end of the year marks the deadline by which sponsors of qualified...more

Courts Do Not Always Agree

I blogged recently about a decision from a federal district court in Virginia (Eastern District) involving a widow who sought to recover life insurance benefits from her late husband’s employer-sponsored group term life...more

State Law Cannot Reallocate Life Insurance Proceeds That Accrued To Named Beneficiary Under Federal Law

The Supreme Court recently held that federal law pre-empts state law that attempts to reallocate proceeds accruing to the designated beneficiary of a federal life insurance policy. Hillman v. Maretta, 133 S. Ct. 1943 (2013)...more

Supreme Court Holds Federal Law Preempts State Law Allowing Litigation Over Proceeds of Federal Life Insurance Policy

Recently, in Hillman v. Maretta, the Supreme Court of the United States affirmed a Virginia Supreme Court ruling that held that federal law preempts a state law that allowed a deceased federal employee’s spouse to sue a...more

ERISA Does Not Preempt State Court Order Requiring Beneficiary to Renounce Right to Employee’s Plan Benefits, Fourth Circuit Rules

The scenario is not difficult to imagine: An employee designates her spouse as the primary beneficiary under her employer’s life insurance and retirement benefit plans. Years later, the couple divorces, and in the marital...more

Second Circuit: Deferential Standard Applies Without Notice To Participants & Reimbursement Claims Are Equitable Relief

Yesterday, the Second Circuit ruled on two important issues of note for ERISA plan sponsors and plan fiduciaries. In Thurber v. Aetna Life Insurance Co., 2013 WL 950704 (2d Cir. Mar. 13, 2013), the Court ruled that...more

Legal Solutions, March 2013

Legal Solutions is the quarterly newsletter of Sullivans Law LLP Solicitors based in Belfast, Northern Ireland - UK. Included in the March 2013 edition: + confidentiality agreements + county courts jurisdiction...more

New Rules Coming into Effect Affect Retirement Plans Entering into Swaps

New rules affecting ERISA-covered retirement plans entering into swap transactions will come into effect in May 2013. These rules, known as the “Business Conduct Standards,” implement certain provisions of the Dodd-Frank...more

IRS Releases Updated Retirement Plan Correction Procedures

The IRS recently released the long-awaited updated version of the Employee Plans Compliance Resolution System (EPCRS), Revenue Procedure 2013-12. EPCRS allows the sponsor of a tax-deferred retirement plan to voluntarily...more

Illinois Supreme Court Announces Anticipated Filing Dates for January and February

The Illinois Supreme Court has announced its anticipated filing dates for January and February. Opinions are expected on Friday, January 25; Thursday, February 7; and Friday, February 22. Decisions on petitions for rehearing...more

IRS Releases Updated Employee Plan Correction Procedures

On December 31, 2012, the Internal Revenue Service (the “IRS”) released Revenue Procedure 2013-12, which contains long-awaited updates to the Employee Plans Compliance Resolution System (“EPCRS”), previously set forth in...more

De-Risking Your U.S. Pension: Choices and Challenges

Defined benefit plan sponsors have become very focused on ways to control their asset volatility and to remove pension liabilities from their balance sheets. In fact, it would be fair to call “de-risking” a hot global issue...more

New Tax Guidance on Use of Annuities in Retirement Plans

On February 2, 2012, the Internal Revenue Service (IRS) and Department of Treasury, together with the White House, released four pieces of guidance with the stated purpose of easing certain burdens on providing annuity...more

Tax Relief, Unemployment Insurance Reauthorization & Job Creation Act of 2010

The 2010 Tax Act, formally named the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (the “Act”), was signed into law by the President on December 17, 2010. Among other things, the Act...more

2010 Tax Relief Act

From an estate planning perspective 2010 has been a year of uncertainty. We have been waiting for Congress to act, and last Friday Congress did. President Obama signed the Tax Relief, Unemployment Insurance Reauthorization,...more

President Signs the 2010 Tax Relief Act Giving Taxpayers a Measure of Tax Certainty

On December 17, 2010, President Obama signed into law the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (HR 4853) (the “2010 Tax Relief Act”). The 2010 Tax Relief Act extends for two...more

McAfee & Taft: AgLINC: Agriculture & Equine Industry Legal Information News & Commentary - March 2010

Inside This Issue: 2 Landowner considerations when negotiating wind energy leases 3 Avoiding pitfalls associated with crop insurance 3 DOL issues rule change for workers on farms 4 Do you need to update your estate...more

Mills v. London Grove Township

Memorandum and Order

This is a 2007 decision restricting ERISA insurer's claim for reimbursement against a settlement allocated to a Special Needs Trust....more

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